A High Court sitting in Kaduna, on Wednesday, awarded the sum of N15 million against the Kaduna State Police Command as damages for disrupting the August 30, 2025 and September 4, 2025 meetings of the African Democratic Congress (ADC) and Social Democratic Party (SDP) in Kaduna State, respectively.
The court, presided over by Hon. Murtala J. Zubairu, also granted a perpetual injunction restraining the Commissioner of Police in Kaduna State, his officers and privies from interfering with lawful political gatherings of the defendants/counter claimants.
It would be recalled that two meetings involving a former governor of Kaduna State, Mallam Nasir El-Rufai, and other chieftains of the ADC and SDP in the State were truncated first on the August 30, 2025, by suspected hired thugs in the presence of police officers and then by Policemen on the September 4, 2025.
According to the Police, their action was based on an Exparte Order obtained in the suit marked KDH/KAD/NPD/1315/2025 between the Commissioner of Police Vs. ADC and SDP.
However, delivering judgement on the suit after reviewing all the facts and submissions of counsels to both the plantiffs and Respondents, the court not only dismissed the suit instituted by the Police “for being incompetent and constituting an abuse of court process” but upheld the prayers of the defendants/counter claimants.
The court directed as follows, “A declaration is granted that the Applicant’s failure to investigate the complaints in Exhibits A2 and A3 and their subsequent action to
suspend/prohibit the Counter-Claimant’s lawful assemblies constitutes a breach of statutory duty under Sections 4, 83, and 84 of the Police Act 2020.
“A declaration is granted that the ex parte interim injunction granted by this Honourable Court on September 4, 2025, and the reliefs sought in the Originating Summons, infringed the Counter-Claimant’s fundamental rights to freedom of assembly and association under Section 40 of the 1999 Constitution (as amended), without justifiable derogation under Section 45 (1).
“A declaration is granted that the Applicant’s actions, including the application for a blanket prohibition of all political assemblies in the State based on unverified intelligence, amount to selective enforcement and an abuse of process.
“An Order is hereby granted discharging the ex parte interim injunction granted on September 4, 2025, for procedural irregularities and lack of merit.
“An Order of perpetual injunction is hereby granted restraining the Applicant (Commissioner of police, Kaduna State), his officers, agents, or privies from further interfering with the Counter
Claimant’s lawful political activities, including meetings, rallies, and assemblies, without due process of law.
“An order is granted directing the Applicant to promptly investigate the complaints lodged by the Respondents (Exhibits A2 and A3) and the alleged violence of August 30, 2025, and provide a report to the Attorney-General of
Kaduna State for necessary action within 60 days from the date of this judgment.
“The evidence before this court shows a clear abdication of duty by the Applicant. Rather than protect the victims of the August 30 incident, the police sought judicial cover to curtail their rights. This is unacceptable in a constitutional democracy.”
In his orders, the court declared that the police breached their statutory duty under Sections 4, 83, and 84 of the Police Act 2020, which mandate the force to provide adequate security for assemblies and processions.
Justice Zubairu also voided the ex-parte interim injunction earlier obtained by the police on September 4, 2025, on the ground that it was issued without the mandatory undertaking as to damages, contrary to the Supreme Court’s decision in Kotoye v CBN (1989).
He held that, “The ex parte order obtained without the required undertaking is irregular, oppressive, and contrary to law. The resulting injury to the respondents must be compensated.”
